Client Terms And Conditions
1 Acceptance of Terms
1.1 Please read these Terms and Conditions for Sellers carefully as your signature of the Inventory constitutes your acceptance of these Terms, as does your continued use of the services provided by us under these Terms.
2 Definitions and interpretation
2.1 The following terms shall have the meanings given to them when used in these Terms (except where the context otherwise requires):
(a) Ancillary Documents: means our Auction Rules, our Privacy Policy, our Returns Policy and our Prohibited Items List;
(b) Auction Rules: means our auction rules;
(c) Business Day: a day (other than a Saturday, Sunday or public holiday in England) when banks in London are open for business;
(d) Business Hours: shall mean, on a Business Day, 9am to 6pm inclusive;
(e) Corporate Auctions (and “we”, “us”, “our”): means E-Jumble Limited (t/a Corporate Auctions);
(f) Item: means an item of goods to be auctioned on the Website;
(g) Inventory: means the list of goods to be auctioned on the Website, attached to these Terms;
(h) Premises: means our premises stated in term 4.1;
(i) Privacy Policy: means our privacy policy;
(j) Prohibited Items List: means our prohibited items list;
(k) Registration Details: means those details submitted by you to us and as updated by you from time to time, including but not limited to your name, address and credit and / or debit card details;
(l) Returns Policy: means our returns policy;
(m) Terms: means these terms and conditions; and
(n) Website: means www.corporateauctions.co.uk.
2.2 The Ancillary Documents form part of these Terms and any reference to the Terms includes the Ancillary Documents.
3 Agency
3.1 You hereby appoint us as your agent in accordance with this term 3 and we hereby accept the appointment on those terms. We shall be entitled, as your agent to:
(a) require that your Items are either delivered to our premises in accordance with term 4 or are collected by us (or the purchaser) direct from your premises in accordance with term 6;
(b) unless stated otherwise, prepare the auction description (including but not limited to photographs) for, or otherwise make representations in respect of, your Item(s) in accordance with terms 2.3 and/or 8.3 of our Auction Rules;
(c) receive payments from buyers on your behalf in accordance with terms 9.2 and/or 9.5 of our Auction Rules;
(d) make provisional contracts on your behalf in accordance with term 7.7 of our Auction Rules; and
(e) receive returned Items on your behalf in accordance with our Returns Policy.
3.2 You irrevocably agree that, as your agent, we may sell your Item(s) via auction.
3.3 Where an Item has, for whatever reason, failed to sell at auction within the period prescribed for that auction, you irrevocably agree that, as your agent, we may at our absolute discretion:
(a) re-list the Item for sale via auction;
(b) make a provisional contract for sale on your behalf in accordance with term 7.7 of our Auction Rules; or
(c) require you, on reasonable notice, to collect the Item from our Premises.
4 Delivery to our premises
4.1 In the event we require the Items to be delivered to our Premises, such Items shall be delivered during Business Hours, by prior arrangement with us and on at least 24 hours’ notice, to:
CORPORATE AUCTIONS LIMITED
Hammond Avenue
Whitehall Industrial Estate
Stockport
SK4 1PQ
4.2 Any collection time agreed with us in accordance with term 4.1 shall be final and you agree to deliver the relevant Item at that time.
4.3 Upon your request, we will use our reasonable endeavours to source a third party courier to deliver your Item to our Premises. Should you wish to instruct such third party courier to deliver the Item on your behalf, you shall contract directly with the courier. Our involvement shall be restricted solely to sourcing the courier. We make no warranty or representation as to the suitability of the courier and we exclude all liability for any losses, liabilities or costs which arise directly or indirectly from your use of the courier. We shall be entitled to charge for our services in sourcing a courier on your behalf at our then prevailing rates, which are available on the Website or upon request.
4.4 Where the collection address for the Item is within 50 miles of our Premises, we may offer our own collection service. This service, where available, shall be at our then prevailing collection rates, which are available upon request.
4.5 For collections by our own collection service:
(a) collection shall be from the front entrance or loading bay of the address given in your Registration Details or such other address as you shall reasonably specify when requesting our collection service;
(b) your Items shall be carried at your risk in all respects and (without prejudice to the above) we shall not be liable whether in damages or otherwise for any of the following whether by reason of our negligence or otherwise:
(i) loss of, or damage to, the Items while in our custody or control prior to the buyer’s payment in full for those Items, following completion of the Auction;
(ii) delay or mistake in collection of the Items;
(iii) failure to follow any instruction or direction of yours;
(c) we may arrange for any part of the collection to be carried out by a sub-contractor;
(d) where for any reason the Items cannot be collected from the collection address, we shall seek instructions from you and shall at your cost and expense either again seek to collect the Items from you at the collection address or collect the Items from such other address, warehouse or storage facility as you shall specify;
(e) we will use our reasonable endeavours to collect your Items within three (3) Business Days of your written request for our collection service, however time shall not be of the essence. You should anticipate a longer collection period where delivery periods incorporate public holidays.
5 Storage
5.1 If we specify that an Item is to be located at our Premises then following delivery, we can, upon your request, store it on your behalf. This service shall be at our then prevailing rates, which are available upon request.
5.2 Our storage fees of (TBA) per pallet per week (plus RHD) shall be subject to VAT.
5.3 YOUR ITEMS SHALL BE STORED AT OUR PREMISES AT YOUR RISK IN ALL RESPECTS AND (WITHOUT PREJUDICE TO THE ABOVE) WE SHALL NOT BE LIABLE WHETHER IN DAMAGES OR OTHERWISE LOSS OF, OR DAMAGE TO, THE ITEMS WHILE IN OUR CUSTODY OR CONTROL.
6 Sale from Seller’s Premises
6.1 We may require that Items are to be sold direct from your premises, in which circumstances the provisions in this term 6 shall apply.
6.2 Prior to us agreeing to sell the Items, you shall confirm in writing to us the following information in respect of the Items to be sold:
(a) a full and accurate description of the Items;
(b) the number of units of Items available for sale.
6.3 On request you will also supply us with a clear photograph of an example of each Item.
6.4 You warrant to us that you will make available for us to sell the full number of Items that you confirm to us in accordance with term 6.2(b) above and that all those Items will be in the condition stated. You agree that we have the right, and you will enable us access during normal business hours, to enter your premises to check the number of units of your Items which are available for sale and their condition.
6.5 We may sell the Items in instalments in our absolute discretion.
6.6 When we have sold the Items or an instalment of the Items, we shall confirm the number of Items sold to you and arrange for collection as follows:
(a) we shall provide no less than one Business Day’s notice of such collection;
(b) you shall prepare the Items for collection and ensure they are safely and suitably packaged for transportation and ready for collection on the date specified;
(c) collection shall be from the front entrance or loading bay of the address given in your Registration Details or such other address as you shall reasonably specify in writing;
(d) risk in the Items collected shall pass once they are loaded onto the delivery transportation;
(e) we may arrange for any part of the collection to be carried out by a sub-contractor and/or a purchaser of the Items; and
(f) where for any reason the Items cannot be collected from the collection address, we shall seek instructions from you and shall at your cost and expense either again seek to collect the Items from you at the collection address or collect the Items from such other address, warehouse or storage facility as you shall specify.
6.7 If the number Items available for sale is less than the number of Units confirmed by you in prior correspondence (whether in writing or orally), then we may charge you a fee equal to 30% of the value of the shortfall in units of Items which are not available for sale. Such fee represents a genuine pre-estimate of the losses we expect to incur in respect of the fees which would otherwise be payable to us following a sale of such units, as a result of the transaction not progressing. The fee shall become immediately due and payable by you.
7 Reserve Price and Minimum Bid
7.1 You may request that the Items are auctioned by us as your agent subject to a reserve price or minimum bid (a “Reserve Price”). Agreement to a Reserve Price is solely within our discretion.
7.2 A fee shall be charged for each Item that is subject to a Reserve Price. This fee shall be agreed with us prior to our agreement to the Reserve Price under clause 7.1.
7.3 Where an item is auctioned subject to a Reserve Price and the bidding for that item does not reach its Reserve Price, we may, as your agent, make a provisional contract in accordance with term 7.7 of our Auction Rules.
8 Payment
8.1 As consideration for use of the auction service, you agree to pay to us a commission of 15% of the amount for which the Items are sold. We shall deduct this amount from the monies received from, or on behalf of, the buyer in respect of those Items. We shall also be authorised to deduct the following charges before forwarding the balance either by cheque to you at the address given in your Registration Details or by bank transfer in accordance with the details supplied to us:
(a) any collection fees due in accordance with term 4;
(b) any storage fees due in accordance with term 5;
(c) any fee payable in accordance with term 6.7; and
(d) any Reserve Price fees due in accordance with term 7.
8.2 We shall send the balance of the amount for which the Items are sold, after the deductions set out in term 8.1, within ten (10) Business Days of us receiving payment in full, in cleared funds, for the Items.
8.3 Where an Item has, for whatever reason, failed to sell at auction within the period prescribed for that auction, we shall invoice you for:
(a) any collection fees due in accordance with term 4;
(b) any storage fees due in accordance with term 5; and
(c) any Reserve Price fees due in accordance with term 6.
Such invoice shall be payable within ten (10) Business Days of its date.
9 Interest
Without prejudice to any other remedy which may be available to us, whether in accordance with these Terms or otherwise, where any monies due from you in accordance with these Terms remain unpaid for a period of ten (10) Business Days, we may charge you interest on the outstanding monies at the rate of 4% a year above the base rate of Barclays Bank plc in force from time to time, from the date payment became due until actual payment is made irrespective of whether the date of payment is before or after any judgment or award in respect of it.
10 Confidentiality and customers
10.1 You agree that you shall not at any time disclose to any person or use for your own purposes any confidential information disclosed to you concerning our business, customers names and/or customer details and any other information relating to our operations, processes, plans, software and market opportunities.
10.2 You agree that you shall not, either on your own account or in partnership or association with any other person, firm or company during the term of our appointment as your agent and for a period of 12 months thereafter:
(a) sell the Items in whole or in part directly to a customers whose details you have obtained from us;
(b) engage in any activity, whether instigated by a customer of ours or otherwise which could be reasonably considered to have as its primary objective the intention of leading such customer to terminate their contractual arrangements with us and deal directly with you; or
(c) provide the same or similar services to those provided under these Terms directly to any customer of ours.
11 Website availability
While we will use all reasonable endeavours to ensure the availability of the Website and the services provided thereon, we cannot guarantee that they will operate continuously or without interruptions.
12 Insurance and our liability
12.1 Where we collect or store Items on your behalf in accordance with these Terms, our liability to you, and our duty to insure against such liability, shall be governed by the United Kingdom Warehousing Association Contract Conditions For Logistics, current as at the start of a particular transaction (“UKWA Conditions”), a copy of which are set out in the schedule to these Terms. In the event of, and to the extent only of, any conflict between these Terms and the UKWA Terms, these Terms shall prevail. Note the UKWA Conditions only apply to the contract between you and us to the extent set out in this clause.
12.2 Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13 Company and contact details
E-Jumble Limited (t/a Corporate Auctions Limited) is incorporated in England and Wales with registration number 05863288 and has its registered office at Hammond Avenue, Whitehall Industrial Estate, Stockport, SK4 1PQ.
E-mail: info@corporateauctions.co.uk
Telephone: 0161 476 3497
The company’s VAT registration number is 909 146 715.
The company is a member of the United Kingdom Warehousing Association (www.ukwa.org.uk).
14 Notices
Except as otherwise stated, any notices you wish to send to us should be e-mailed to info@corporateauctions.co.uk. Any notices that we may wish to draw to your attention will be displayed on the Website.
15 Applicable law
These Terms (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation thereto.
16 Events beyond our control
We will not be in breach of these Terms or otherwise liable for any delay in performance if, and to the extent that, any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
17 Invalidity
If any part of these Terms charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
18 Entire agreement
These Terms, together with any document expressly referred to within its provisions (including but not limited to the Ancillary Documents) contain the entire agreement between us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. If there is an inconsistency between any of these Terms and the provisions of the Auction Rules, the provisions of the Auction Rules shall prevail.
SCHEDULE
These terms and conditions apply and are subject to clause 12.1 above of the Terms and Conditions for Sellers
UNITED KINGDOM WAREHOUSING ASSOCIATION CONTRACT CONDITIONS FOR LOGISTICS
The Company is a member of UKWA, is not is common carrier, and provides all items and services on the following Conditions which an be varied only in writing by an Officer of the Company.
If a Customer’s acceptance document, purchase order or other documentation, received by the Company before or after notification of these Conditions, contains terms at variance with these Conditions, then every such term shall be of no effect.
IMPORTANT NOTE PLEASE READ CONDITION 3 CAREFULLY. It has been included to relieve the Customer of the additional amount that the Company would need to charge to recover insurance costs (or an amount in lieu to reflect risk) were its liability not limited as provided for in Condition 3.
1 THE COMPANY’S OBLIGATIONS
1.1 The Company will provide its services with reasonable skill and care. In the absence of prior written instruction to the Company giving sufficient detail, no particular precautions nor any special treatment need be taken or provided for the Goods.
1.2 In the case of bulk Goods, the Company may deal with and/or mix apparently similar goods consigned by or for the Customer without distinguishing between consignments.
1.3 In the case of carriage the Company’s responsibility for the Goods starts when loading on the vehicle is complete and ends when the Goods are rendered for unloading. In the case of storage and/or processing it starts when they are accepted into store and ends when they are tendered for collection, or the Company becomes aware of the grounds for their removal under Condition 2.2 or on the expiry of notice under Condition 7.1 or 7.2. Where the Company provides storage and carriage it shall also be responsible fur the Goods while they are transferred from its vehicle into its store and vice versa. In the case of forwarding, the Company’s responsibility is only to engage or propose apparently competent contractors and to give them adequate instructions in relation to the Goods; and in this case, or where the contract is for advice, it is not responsible for the Goods themselves.
1.4 The Company’s duty is to the Customer only and not to any third party. Any advice given is for the Customer only.
1.5 Unless it states otherwise in writing, where the Company provides forwarding services it operates as the Customer’s agent in engaging contractors to deal with the Goods.
2 CUSTOMER’S UNDERTAKINGS
2.1 It is a condition of the contract, and the Customer warrants and undertakes, that:
(a) it is either the owner of the Goods, or is authorised by the owner to accept these Conditions on the owners behalf;
(b) the Goods shall be presented to the Company (and/or anyone else dealing with them) securely and properly packed in compliance with any applicable statutory regulations, recognised standards and best practice and are and will remain in a condition to be safely handled, stored and/or carried and so as not to cause injury, damage, contamination or deterioration (or the possibility of them) to any person, premises, equipment or to any other items in any way;
(c) before the Company assumes any responsibility for or by reference to the Goods, the Customer will inform the Company in writing of any relevant matters; including any special precautions necessitated by the nature, weight or condition of the Goods and any statutory or other duties specific to the Goods with which the Company or others may need to comply; and will promptly after invoicing pay the Company’s reasonable extra charges for complying;
(d) it will promptly after invoicing reimburse all duties, taxes and expenses that the Company may be required to pay in respect o the Goods including where the liability to pay them arises due to the fault, other act or omission of the Company or its employees or sub-contractors;
(e) except to the extent previously notified in detail to, and accepted by, the Company in writing none of the Goods: are hazardous or contaminated; may cause pollution of the environment or harm to human health if they escape from their packaging; require any official consent or licence to handle, possess, deal with or carry; will at any time whilst in the care or control of the Company constitute Waste;
(f) where the Company is carrying the Goods, the Customer will provide a risk assessment and method statement appropriate for the Goods and any location in which they are being handled. Unless otherwise previously agreed the Customer will provide suitable facilities and equipment for, and will procure, safe and prompt loading and unloading of the Goods. The Customer will pay demurrage at the Company’s standard rate if the vehicle is delayed for more than 30 minutes beyond the time reasonably needed for loading or unloading; and demurrage and storage charges if delivery is refused;
(g) it will comply with any reasonable regulations of the Company relating to handling, carriage, storage or forwarding of Goods (and ancillary matters) which are notified in writing from time to time; and
(h) information given by or on its behalf shall be materially correct and complete.
2.2 The Customer will indemnify the Company against any loss or damage it suffers as a result of carrying out the Customer’s instructions or which is related to any breach of the Customer’s obligations, and will pay all costs and expenses (including professional fees) incurred in, and the Company’s reasonable charges for, dealing with the breach and its consequences. The Customer will pay an extra charge equal to the amount of any fine or penalty payable by the Company wholly or partly as a result of a breach by the Customer. If the Company suspects a breach of Condition 2, it may refuse to accept the Goods, demand their immediate removal, or itself arrange their removal without notice, at the Customer’s expense.
3 INSURANCE AND THE COMPANY’S LIABILITY FOR LOSS
3.1 Except as provided in Condition 3.5, the Company does not insure the Goods and the Customer shall self-insure or make arrangements to cover the Goods against all insurable risks to their full insurable value (including all duties and taxes) with any right for the insurer to bring a subrogated claim against the company being excluded.
3.2 Subject to Condition 3.3, the company excludes all liability for Loss however arising.
3.3 If and to the extent that Loss is directly caused by negligence or wilful act or default of the Company, its employees (acting in furtherance of their duties as employees) or sub-contractors or agents (acting in furtherance of their duties as sub-contractors or agents) and subject to Conditions 3.4, 3.7 and 3.8, the Company will accept liability for Loss assessed on normal legal principles but not exceeding the Limit fixed by Condition 3.5. Any quantification of value includes duties and taxes.
3.4 In no case shall the Company be liable for any lost profit, income or savings, wasted expenditure, or indirect or consequential loss.
3.5 In no case shall any liability of the Company (including inter alia any liability in respect of duties and taxes) exceed the Limit, fixed as follows:
(a) the Customer may specify the Limit as an amount (in Sterling, US Dollars or Euros) per tonne weight by notice in writing stating the limit and the nature and maximum value of the Goods, including duty and taxes. The Limit nominated by the Customer shall apply in respect of any cause of action arising after the Date. It is a condition of the contract that the Customer pays within 7 days of receipt the Company’s invoices for its costs in insuring against its potential liability up to the Limit, and/or to the extent that the Company elects to carry the risk itself, its extra charge equivalent to the estimated or likely cost of such insurance;
(b) if the Company having made reasonable efforts is unable to obtain insurance on reasonable terms to cover its liability up to the Limit nominated by the Customer, or if the Customer has not yet paid any invoice issued under Condition 3.5(a) the Company may give 7 days written notice, and the Limit for causes of action arising after expiry shall be £100 sterling per tonne; and
(c) unless and until a higher Limit has been fixed under Condition 3.5(a) and continues in effect, the Limit shall be £100 sterling per tonne.
3.6 Without prejudice to the Company’s rights under Condition to be paid free from deduction or set-off, any limitation of liability on the part of the Company shall be applied to any claim by the Customer before any set off or counterclaim is asserted against money due to the Company.
3.7 The Company shall not be liable for any claim unless:
(a) it has received written notice of it within 10 days of the event giving rise to the claim coming to the knowledge of the Customer or consignee; and
(b) it has received within 21 days of the event giving rise to the claim coming to the knowledge of the Customer or consignee sufficient detail in writing to enable investigation. In the case of failure to deliver, this shall run from the first working day after the expected date of delivery.
3.8 No legal proceedings (including any counterclaim) may be brought against the Company unless they are issued and served within 9 months of the event giving rise to the claim.
3.9 The Company shall not be liable for any Loss to the extant that it is caused or contributed to by a breach of any of the Customer’s obligations in Condition 2, or by any of the circumstances by virtue of which the Company is relieved of its obligations under Condition 8.
4 EMPLOYEES, SUB-CONTRACTORS AND OTHERS
4.1 The Company shall be entitled to sub-contract all or any part of its obligations and in this event those Conditions shall apply to such services. Where storage is subcontracted the Company will on request notify the Customer of the location of the Goods.
4.2 No Interested Party will make a claim or issue proceedings in respect of loss against any Additional Party.
4.3 Without prejudice to Condition 42, if an Additional Party pays or is liable to make a payment to an Interested Party in connection with a claim for Loss, the Interested Party will fully indemnify the Company against any claim (including all costs and expenses) by the Additional Party against the Company for reimbursement of, contribution to or indemnity against that payment to the extent (list it exceeds the Limit applicable at the time of the event giving rise to the claim.
5 CHANGE OF CUSTOMER
5.1 The Customer may give written authority for the Goods or any part to be transferred to the account of another party on condition that before the effective date of the transfer the other party notifies the Company in writing that it is so become the Customer and is to be bound by these Conditions and by any notice given under Condition 3 and will pay the Company’s charges for the period after the effective date. The Customer will pay the charges for the period until the later of the effective date or receipt and acceptance by the Company of the other party’s written notification. The Goods remain subject to any lien which applies at the time of transfer.
6 CHARGES, PAYMENTS AND LIEN
6.1 The Company’s charges are subject to VAT and may be increased by prior notice to the Customer. The notice shall be at least 7 days for increases reflecting any rise in fuel costs and at least 21 days otherwise. The Company has the right to charge for storage of the Goods for so long as it has custody of or is responsible for them.
6.2 The charges shall be paid free of any deduction or set-off at such periodic intervals as may have been agreed between the parties and in any event on the earlier of (a) the expiry of any agreed period of credit and (b) the time immediately before any of the Goods cease to be its the Company’s care or control. The Company shall be entitled to payment for carriage at the time the Goods are loaded onto the vehicle.
6.3 Interest shall be paid on money overdue to the Company at the rate of 2% for each calendar month during all or part of which it is overdue.
6.4 The Company shall (on its own behalf and as agent for any assignee of its invoices) have a general and particular lien on the Goods (and any associated documentation or records) as security for payment of all sums (whether due or not) claimed by the Company from, or invoiced to, the Customer or another Interested Party on any account (relating to the Goods or not), or otherwise claimed in respect of the Goods or other property of an Interested Party. Storage shall be charged for any goods detained under lien.
7 TERMINATION
7.1 The Goods shall be removed by the Customer at the time agreed between the parties. The Company may at any time by notice in writing to the Customer require the removal of the Goods within 14 days from the data of such notice or, in the case of perishable goods, within 3 days.
7.2 Where this Customer fails to comply with Condition 7.1, or any payment from the Customer is overdue, the Company may, without prejudice to its other rights and remedies against the Customer, notify the Customer in writing that the Goods may be sold or otherwise disposed of at the Customer’s entire risk and expense if such payment is not made and/or such Goods are not removed within 21 days, or in the case of perishable goods within 3 days, from the date of such notice. On expiry of the period, if such payment has not been made and/or the Goods have not been so removed the Company may sell or otherwise dispose of the Goods or any part at the Customer’s entire risk and expense by an appropriate method, amid any proceeds of sale or disposal shall be returned to the Customer after deduction of all expenses and all amounts claimed by the Company and any assignee of its invoices.
8 FORCE MAJEURE
8.1 The Company shall be relieved of its obligations to the extent that their performance is prevented or delayed by, or their non-performance results wholly or partly from, the act or omission of the Customer or its agent or an Interested Party (including any breach by the Customer of these Conditions) or by storm, flood, fire, explosion, civil disturbance, governmental or quasi-governmental action, breakdown or unavailability of premises, equipment or labour, or other cause beyond the reasonable control of the Company.
9 GENERAL
9.1 Each exclusion or limitation in these Conditions exists separately and cumulatively.
9.2 Signatures on a delivery note is evidence that the Goods have been received in apparently good order save as noted.
9.3 The Company may open up packaging to inspect Goods.
9.4 Any notice shall be duly given if left at or sent by first class prepaid post to the last known address of the other party or by facsimile to the last notified number evidenced by a successful transmission record, or by email to the last address notified for the purpose of service; and shall if posted be deemed to have been given 2 working days after posting, and if by facsimile or email, one working day after sending.
10 GOVERNING LAW
10.1 All contracts between the Company and the Customer and any claims relating to the Goods shall be governed by the law of England and disputes dealt with exclusively by the English Courts.
11 Definitions
11.1 Terms used in these Conditions have the following meanings:
“Additional Party” means any employee, agent or sub-contractor of the Company, or anyone entitled to an indemnity, reimbursement or contribution from the Company in respect of a claim by an Interested Party.
“Company” means the party agreeing to provide the services and/or items under the contract.
“Customer” means the party requesting the services and/or items under the contract.
“Date” means the 10th working day after the relevant notice is actually received by the Company.
“Goods” means goods (including any associated packaging and equipment) to which the contract relates.
“Interested Party” means the Customer and/or anyone with an interest in the Goods, any obligation of the Interested Party is borne jointly and severally.
“Limit” means a limit per tonne gross weight of that part of the Goods in respect of which a claim arises.
“Loss” includes (without limitation) loss (including theft), destruction, damage, unavailability, contamination, deterioration, delay, non-delivery, mis-delivery, unauthorised delivery, non-compliance with instructions or obligations, or incorrect advice or information.
“Officer” includes a Director, Company Secretary, Partner or member of an LLP.
“Subcontractor” means a party engaged at the behest of the Company to perform some or all of the Company’s obligations.
“Waste” bears its general meaning and also means “Waste” and “Directive Waste” as defined legislatively.
